Jensen v Lake Macquarie City Council

Land and Environment Court New South Wales Medium Neutral Citation: Jensen v Lake Macquarie City Council [2015] NSWLEC 1572 Hearing dates:Conciliation conference on 15 December 2015Date of orders: 23 December 2015 Decision date: 23 December 2015 Jurisdiction:Class 1Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: resource recovery facility; conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: Damien Jensen (Applicant) Lake Macquarie City Council (Respondent) Representation: Counsel: Mr R. Wilcher, Hickons Lawyers (Applicant) Mr S. Lucy, Corportate Lawyer (Respondent) File Number(s):10077 of 2015Publication restriction:NoJudgment COMMISSIONER: This is an application for consent to be granted for development of a resource recovery facility (composting) on Lot 91 in DP755207 known as 76 Nomad Road, Toronto. In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”. The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b))....